KAMDEO CHAURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Kamdeo Chourasia and his brother Kamdeo Chourasia were tried by the Sessions Judge, Regusarai, on the charge of murder of Omprakash Sbarma. The appellant Kamdeo Chourasia was found of guilty of the charge and convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. Accused Ramdeo Chourasia was, however, acquitted by the learned trial court.

(2.) Briefly stated the prosecution case is that on 6-11-1985 at about 6 P. M. the informant Ashok Kamar P. W. 7 was sitting on his Darwaza alongwith his father Sahdeo Sharma P. W. 8 and his elder brother Omprakash Sbarma, since deceased. At that time appellant Kamdeo Chourasta came there acd persuaded Omprakash sinca deceased to accompany him So his house for an urgent work. Ten minutes thereafter the informant heard the sound of firing and shouting of Omprakash that appellant Kamdeo had shot him. The informant, his father, mother and others rushed there and found Oraprakash lying unconscious in a pool of blood and appellant Kamdeo and his brother Ramdeo fleeing away. With the help of Jai Jai Ram P, W 4. Ram Parvesh Chourasia P, W. 5 and others the informant removed Om Prakash to Sahpur Kamal State Dispensary for his treatment where he gave his fardbeyan (Ext. 2) to P. W. 9 Ram Swamp Mahto Officer-in-charge, Sahpur Kamal Police Station, on the basis of fardbeyan a formal F. I. R, (Ext. 1) was drawn up and a case under Section 21 of the Arms Act was registered. Om Prakash Sharma was removed to the Begusarai Hospital whore he succumbed to the injuries. Thereafter, this case was converted into one under Section 303 of the Indian Penal Code.

(3.) A fter the investigation and charge sheet the cognizance of the offence was taken and the case was committed to the court of sessions for trial.